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1. The defendant is jointly and severally paid KRW 20,000,000 by the plaintiff (appointed parties) and the appointed parties C.
Reasons
1. Facts of recognition;
A. On June 1, 2009, Nonparty D, the former owner of the building listed in the attached list (hereinafter “instant building”) set out and leased the instant building to the Defendant as of June 1, 200, KRW 200,000, KRW 500,000 per month of rent (the 15th day of each month of rent), and the period from June 1, 2009 to June 1, 2012.
(hereinafter “instant lease agreement”). D around that time delivered the instant building to the Defendant, and the Defendant completed business registration on June 9, 2009 with the location of the instant building as the location of the building and commenced to operate a knife restaurant in the instant building.
B. On June 27, 2011, Plaintiff (Appointed) and Selected C purchase shares of each of the instant buildings from D, and complete the registration of ownership transfer on the same day.
C. On December 30, 2013, the Plaintiff (Appointed Party) notified the Defendant of the content-certified mail that “the term of lease of the instant lease expires on June 1, 2014, and thus notified the Defendant in advance of the termination of the instant lease.” The content-certified mail reached the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, Eul evidence 3, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Plaintiff (a bona fide party) and the Appointed C are deemed to have succeeded to the status of the lessor of the instant lease agreement as the assignee of the instant building (Article 3(2) of the Commercial Building Lease Protection Act). Meanwhile, the instant lease agreement was implicitly renewed on or around June 1, 2012 and June 1, 2013, and its lease term was extended until June 1, 2014.
(Article 10(4) of the Commercial Building Lease Protection Act. However, on December 30, 2013, the notice to the effect that “the Plaintiff (Appointed Party) notified the Defendant of the termination of the instant lease agreement as the period of the instant lease expires on June 1, 2014.”